Snack Games Subscription

5th December 2017, 21:36:PM

Hi all,

I am at a bit of an impasse with a premium subscription service called Snack games that I DIDN'T sign up for. It seems they have sent me multiple premium text messages that charge me £2.99 a week. This has been happening since end of May until yesterday, when I noticed it on my bill. I spoke to my mobile service provider who has now blocked premium numbers (why don't they do this as standard?).

Following your recent email we would like to provide you with a better understanding of Snack Games.

Snack Games aim is to provide the UK’s best hub of on-the-go games for smartphones. Over 300 games are available in one simple portal. Wherever, whenever you are, you can enjoy unlimited access to the best casual games, the service just costs you £2.99 per week.

I have looked into our database, and I confirm that your subscription to Snack Games was initiated on 27th May 2017 from your [Phone Model].

In order to subscribe to Snack Games a user has to follow these steps:

1. Click an advert displaying a game or a selection of games

2. Click the “Subscribe Now for £2.99” button on the Payforit billing page after reviewing the pricing and terms. Payforit is designed to make it easy to pay for services via mobile phone and it is supported by all licensed UK mobile operators.

3. Users are redirected to second page and need to click the “Confirm this charge to your mobile” button. After that, the following SMS is sent to confirm the subscription: “FreeMsg: Thank you. You have subscribed to Snack Games for £2.99/week from Cellfish until you text STOP to 89365 to opt out. HELP? 03308080653” Once you have authorised the payment by pressing ‘Subscribe’, a payment request goes directly to your mobile operator for validation.

There is no means of subscribing to Snack Games without these 3 positive actions being conducted on a mobile handset.

We hope this clarifies the nature of the service and the way that users sign-up.

Despite this, as a gesture of goodwill, we are happy to offer you a refund of £xx.xx (Half the amount of what they initially charged). However our accountants and auditors require us to validate your address details before we can release the refund cheque to you.

Please can you send us a copy or a screenshot of the following:

Mobile Operator Bill (dated within the last three months) or a Utility Bill {Electric, Gas etc}, (clearly dated within the last three months)
which has your name and full postal address, so we can add this to your refund file claim. This validation is recognised as acceptable by the Regulatory Authorities and is designed to avoid fraudulent and spurious claims.

If you do not have access to a bill, your service provider can assist you with this.

In the meantime I have ensured your subscription is terminated and you will not be charged any further.

Do I have any leg to stand on to try and recoup all of the money or should I accept their 'gesture of goodwill'.

I know for a fact that I haven't used their service at all, and I hadn't heard of snack games until my mobile service provider advised me of the number and I did a bit of googling.

Also I am a bit dubious about giving them the rest of my details to obtain the refund (as I already feel scammed, and I've read stories about people texting STOP to stop the subscription being subscribed to another, more expensive premium service), any ideas on if it's safe to provide this so they can process a refund?

I am at a bit of an impasse with a premium subscription service called Snack games that I DIDN'T sign up for. It seems they have sent me multiple premium text messages that charge me £2.99 a week. This has been happening since end of May until yesterday, when I noticed it on my bill. I spoke to my mobile service provider who has now blocked premium numbers (why don't they do this as standard?).

Following your recent email we would like to provide you with a better understanding of Snack Games.

Snack Games aim is to provide the UK’s best hub of on-the-go games for smartphones. Over 300 games are available in one simple portal. Wherever, whenever you are, you can enjoy unlimited access to the best casual games, the service just costs you £2.99 per week.

I have looked into our database, and I confirm that your subscription to Snack Games was initiated on 27th May 2017 from your [Phone Model].

In order to subscribe to Snack Games a user has to follow these steps:

1. Click an advert displaying a game or a selection of games

2. Click the “Subscribe Now for £2.99” button on the Payforit billing page after reviewing the pricing and terms. Payforit is designed to make it easy to pay for services via mobile phone and it is supported by all licensed UK mobile operators.

3. Users are redirected to second page and need to click the “Confirm this charge to your mobile” button. After that, the following SMS is sent to confirm the subscription: “FreeMsg: Thank you. You have subscribed to Snack Games for £2.99/week from Cellfish until you text STOP to 89365 to opt out. HELP? 03308080653” Once you have authorised the payment by pressing ‘Subscribe’, a payment request goes directly to your mobile operator for validation.

There is no means of subscribing to Snack Games without these 3 positive actions being conducted on a mobile handset.

We hope this clarifies the nature of the service and the way that users sign-up.

Despite this, as a gesture of goodwill, we are happy to offer you a refund of £xx.xx (Half the amount of what they initially charged). However our accountants and auditors require us to validate your address details before we can release the refund cheque to you.

Please can you send us a copy or a screenshot of the following:

Mobile Operator Bill (dated within the last three months) or a Utility Bill {Electric, Gas etc}, (clearly dated within the last three months)
which has your name and full postal address, so we can add this to your refund file claim. This validation is recognised as acceptable by the Regulatory Authorities and is designed to avoid fraudulent and spurious claims.

If you do not have access to a bill, your service provider can assist you with this.

In the meantime I have ensured your subscription is terminated and you will not be charged any further.

Do I have any leg to stand on to try and recoup all of the money or should I accept their 'gesture of goodwill'.

I know for a fact that I haven't used their service at all, and I hadn't heard of snack games until my mobile service provider advised me of the number and I did a bit of googling.

Also I am a bit dubious about giving them the rest of my details to obtain the refund (as I already feel scammed, and I've read stories about people texting STOP to stop the subscription being subscribed to another, more expensive premium service), any ideas on if it's safe to provide this so they can process a refund?

Cheers,

DJ-1988

No, it is totally illegal as they have not provided you with any service AT ALL.

Tell them it simply isn't acceptable, and you are not going to debate this. Somehow they have tricked you into a service and not provided anything, and you would like a FULL REFUND.
Ask them:
1) Where and when EXACTLY did you sign up to the service?
2) What service have they ever provided/ what service do they provide?

If I don’t receive an acknowledgement that I will be receiving afull refund within 48 hours, I will be reporting your company to theOmbudsman and trading standards, as well as taking further action.

After that, I have received an email saying I will get all my money back if I send a screenshot of a bill. I've done that, but now I'm worried about more fraud, so I am going to call 02 and change my account number.

You can unsubscribe by following these steps on your mobile phone:
- Go to snack-games.com and log in
- Go to the My Account page
- Go to "Cancel my subscription"
- Click on "Unsubscribe" and follow the instructions

You can also unsubscribe at any time by simply sending "STOP" by SMS to the following number: 89365 (non premium number).

The following terms and conditions (hereafter “Terms and Conditions”) are the terms of a legal agreement between You (hereinafter referred as “You”, i.e. the customer Publisher makes the agreement with and includes any person who Publisher reasonably believes is acting with your authority or knowledge), on the one hand, and Cellfish (commercial name « Mydoo ») - 43-45 avenue Victor Hugo 93 534 Aubervilliers - France, a corporation duly existing under the laws of the Republic of France - registered under no. 420 919 904 of the RCS (=companies registry) of Bobigny / VAT n° FR47 420919904 (hereinafter referred as “Publisher”), on the other hand. Customer care contact: if you have any enquiries or problems regarding the Service please contact us by e-mail at support@snack-games.com or by phone: 03308080653.

Our customer care is open from 9am – 5pm AEST from Monday to Friday - excluding public holidays.

Outside these hours, you can leave us a voicemail message or email at support@snack-games.com. You will be provided with a first response within two business days.

The Service is hosted by the Publisher.

Mobile internet connection is required in order to access the Service.

1 - Acceptance

By subscribing the Service You will be deemed to have accepted these terms and conditions.

Publisher reserves the right at any time to modify these Terms and Conditions. You are therefore encouraged to regularly check the Service and notably the Terms and Conditions to be aware of any changes.

You are also advised to refer to the contract between You and your mobile network operator.

To subscribe to the Service, You must follow and respect the steps as indicated in the Service.

To signify your acceptance to the subscription offer, you must either click on the related button which will be on Publisher’s Service advertising wap page, or enter your mobile number and then a validation code received by SMS.

These steps confirm your acceptance of the pricing and renewable charging for the Service.

These positive user-initiated actions on the mobile handset are the only means by which a subscription to the Service can be created.

2 - Object

“SNACK GAMES” is a Service which allows You to access a great selection of browser-playable games for mobile devices upon an unlimited use basis via the different modes listed below: - Weekly-based subscription (7-days);

Any subscription will be automatically activated when You subscribe to it and will permit an unlimited access to the content of the Service during each period of subscription.

Regarding Android devices only the possibility to download games will be offered to You.

We invite you to download when you are using a Wi-Fi connexion in order to limit data costs.

3 – Condtions

Minors: You must be over 18 (eighteen) years of age and have permission from the bill payer to use this Service.

Users under 18 years of age may use the Services provided they previously obtained their parents (or legal guardians) authorization.

As legal guardians, it is the parents’ responsibility to monitor the use of the Services by their children. Any use of the Services by minors implies they have obtained this prior authorization. The Publisher may ask for any proof at any time.

Third party: Third party must have permission from the bill payer to use this Service.

In application of the mobile network operators' agreements, any action or transaction from a mobile terminal identified on a specific mobile line is deemed to have been made by the declared holder of said line. Therefore, in the event a third party has used your telephone without your knowledge, We will not be held responsible.

As owner of the SIM card and Mobile/Cell phone you are solely responsible for its use.

Every subscription to the Service will be automatically renewed if not unsubscribed before the last day of the running week period.

Unsubscription enters in effect at the end of the running period. No refund (even partial) of the subscription charges for the period in progress will be granted.

You can unsubscribe at any time in the section “My account” of the Service or by simply sending “STOP” by SMS to the following number: 89365 (non premium number)

Publisher reserves the right to end the Service subscription at its sole discretion.

After Your subscription, a confirmation of subscription might be sent to You by Publisher.

For this purpose You will need to provide a valid e-mail address during the subscription flow.

You will also be able to retrieve this confirmation from “Your account” section.

Considering this, every subscriber is obliged to provide the Publisher a personal and valid e-mail address. Otherwise, the Publisher shall not be held responsible for the lack of delivery of the said subscription confirmation.

5.3 Right to retract

The Service offers dematerialized contents and its delivery to You is immediately executed.

Consequently, following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, if You consent to use the Service within the 14 day cancellation period You acknowledge that the right to cancel will be lost and You will not be able to request a refund.

You have been informed and have accepted to waive your right to cancel during the subscription course when You have subscribed to the Service.

Subject of having provided a valid email address pursuant to article 5.2, You will receive a confirmation acceptance via email.

6 - Claims

All claims must be submitted in writing to the Publisher no later than one month from the date of the event concerned by post to the following address:

The Publisher will not respond to requests made by any other means (whether that is electronic or otherwise).

All requests must include the following elements:
- The name of the service concerned
- The subject of the claim
- The mobile number, and user's terminal
- Full details (name, address) of the user
- Date and time of the subscription
- Proof of connection to the Service (eg copy of the invoice of the mobile operator).

Insofar as the request is valid and includes all the elements required, You will be entitled to a refund in respect of technical problems encountered with the Service, excluding any other compensation of any kind.

You are reminded that Service failures due to improper configuration of the user’s mobile phone or to its incompatibility with the Service, or by any Mobile Network Operator or any other third party responsibility failures, will not be subject to any refund by the Publisher.

In order to provide the Service, the Publisher is required to collect personal information (phone number) from You when You purchase the Service. We protect the privacy of this information. The Publisher may use your personal information for the purposes of:

(a) Collecting payment;
(b) Contacting you for promotional offers or new service announcement for services provided by the Publisher;
(c) Being in conformity with mandatory laws and regulations.

In accordance with the Data Protection Act 1998, You retain the right to access, modify and prohibit this use by writing to the following e-mail address: support@snack-games.com or by writing to the postal address mentioned below:

This service is provided with respect to and in compliance with the PhonepayPlus regulations (PPP).

Nevertheless, the Publisher reserves the right to disclose information about You to applicable regulatory, law enforcement or government bodies where any of Your actions have breached these terms of use or where Publisher is required by law to disclose this information.

8 – Copyright

The Service and all related texts, images and information contained, are copyrighted and protected. The content of the Service is delivered to You for personal and non commercial use only. The Service and its content can not be reproduced, modified, translated, transmitted, broadcasted nor commercially used.

9 – Liability

Publisher can not guarantee the accuracy or merit of the Service for any particular purpose. You are solely liable for all your activities and acts consecutive with the use of the Service. We will not be liable for any loss or damage incurred by your use of the Service.

You recognise that the Service may, from time to time, be adversely affected by events outside our control. Publisher will be under no liability for any error in, or delay in, or failure in transmission of the Service. Publisher will not be liable for any partial or complete failure in the transmission or receipt of communications.

10 – Modifications

Publisher reserves the right to change these Terms and Conditions at any time, including but not limited to the charges associated with the subscription service and/or to the price related to a content download.

By continuing to use the Service you will be deemed to have accepted the varied terms and conditions, which will be posted on the Service.

Publisher reserves the right at any time and in its sole discretion to cancel or supersede the Service with 15-days prior notice to Service’s users.

11 – Governing law and jurisdiction

These Terms and Conditions are governed by English Law. The Parties hereto irrevocably submit to the exclusive jurisdiction of English and Welsh Courts.

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